Assault case against Conboy dismissed

Tapes show wife planned phony assault complaint against ex-prosecutor

Updated 9:41 pm, Thursday, June 7, 2012

William Conboy III, former assistant district attorney in Albany, center, leaves Albany City Court Thursday afternoon March 22, 2012. All charges were dropped against a former Albany County prosecutor accused of attacking his wife in their home after she refused to appear at his trial Thursday in City Court. (Skip Dickstein/Times Union archive)

William Conboy III, former assistant district attorney in Albany,...

Recording of Kelly Conboy threatening to file a phony domestic violence case against her husband William Conboy III.
/ Times Union

ALBANY — The wife of a former Albany County prosecutor admitted on secretly taped recordings that she planned to frame him for a vicious beating to force him out of their home.

The explosive revelations surfaced Thursday as the assault case against William Conboy III was tossed in City Court in Albany. All charges were dropped after his now-estranged wife — the legislative director for state Sen. Neil Breslin — refused to appear at the first day of his trial.

His attorney, Cheryl Coleman, highlighted the recordings in court before the case was officially dismissed. They illustrate a divorce and custody battle so bitter and heated William Conboy resorted to clandestinely audio-taping his spouse — and it may have saved him from a conviction and possible loss of his law license.

"I'm going to tell you what's going to happen. If you are not out tonight with all of your [expletive] I will call the Albany Police Department and say that you beat me and get an order of protection against you," Kelly Conboy, 33, can be heard saying on an April 2011 recording obtained by the Times Union.

William Conboy, 35, a former assistant district attorney most recently under District Attorney David Soares, was charged with attacking his wife at 1:30 a.m. on Jan. 30, 2011, inside the couple's home on Meadow Lane. Kelly Conboy alleged her husband kicked and choked her and pushed her to the ground, kicking her in the throat with a rubber-soled boot and dragging the boot from her throat to her chest, according to court papers filed in City Court.

Her husband — whose father, William Conboy II, served as the county attorney and as counsel to the Legislature's Democratic majority — was ready with a recording device when he later spoke with his wife.

"You're going to make something up that I hit you," Conboy asked during the April 2011 exchange.

Kelly Conboy replied, "Yeah, without a doubt."

Conboy asked, "Why would you do that Kel?"

"Why would I do that? To get you the [expletive] out of the house!" she screamed back.

The couple's baby daughter can be heard crying in the background.

John McFadden, the divorce attorney for Kelly Conboy, told the Times Union: "This was not an act of vengeance or spite on Mrs. Conboy's part. The reason she elected not to testify against Mr. Conboy is that would only serve to make her strained relationship with Mr. Conboy even worse and this would have a negative impact on their young daughter."

He noted the tape-recording took place after the alleged assault and "doesn't prove the incident didn't happen." He said his client stands by her statement.

In a bizarre twist, he explained the couple still live in the same home — they are just never there at the same time. On an answering machine at the home, William Conboy tells callers: "Hi, you've reached Bill and Kelly. We're currently unavailable. Please leave a message and we'll get back to you as soon as possible. Thank you."

Coleman told the judge her client had "been through hell" because of fabricated charges by a wife who had "issues ... psychological and otherwise." She noted the wife's allegations coincided with the dates in which William Conboy filed for divorce and when, months later, a judge ruled she could not be left alone with their daughter.

Coleman said her client filed for divorce in early December 2011. Days later, on Dec. 11, 2011, Kelly Conboy informed William Conboy: "I'm gonna make this as horrible as I possibly can. I'm gonna try and get a restraining order even if it doesn't work."

Coleman said Kelly Conboy was served with divorce papers on Dec. 19, 2011. Later that day, records show she emailed Assistant District Attorney Shannon Sarfoh, the lead sex crimes prosecutor in Albany County. The email stated: "I need to know and speak with whoever is taking over my case ASAP."

Attorney Michael Mansion became the special prosecutor because Soares' office had a conflict due to William Conboy being a former employee.

On Feb. 20, 2012, Kelly Conboy sent a letter to Mansion explaining the couple's tension had become "much lower and there have been no issues." The letter noted they were living apart and the marriage was no longer viable. Two days later, referring to time they divide with their daughter, Kelly Conboy texted her husband: "I'll let this go as long as it takes ... I'm getting a weekend a month."

Coleman said at her client's request, an alcohol evaluation was soon undertaken of both William and Kelly Conboy. That's when, she said, a judge ruled Kelly Conboy could only have supervised visits with her daughter. The wife, in early March, officially filed charges against William Conboy.

On Thursday, jurors had been selected and opening statements were to start. Instead, Mansion told New Scotland Town Justice David Wukitsch, who was handling the case, that his star witness — Kelly Conboy — would not show up.

He said he was prepared to go ahead with the case and that photographs would prove that Kelly Conboy was attacked. But, he said he had several conversations with Kelly Conboy — including a 20-minute conversation Thursday — and that she did not want to go forward, telling him, "I do not want to do this."

Wukitsch dismissed the two-count case of third-degree assault and obstruction of breathing, misdemeanors.

In a statement, Breslin said: "This is obviously a horrible family situation."